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<br />THIS AGREEMENT, dated as of the ~~f day of 20 0~ is made and
<br />• entered into by and between
<br />STATE UNIVERSITY RAILROAD COMPANY, a North Carolina corporation,
<br />whose mailing address is Three Commercial Place, Norfolk, Virginia, 23510 (hereinafter
<br />called "Railway"); and
<br />ORANGE COUNTY, a body politic and corporate, a subdivision of the State of North
<br />Carolina, whose mailing address is 1514 Eubanks Road, Chapel Hill, North Carolina,
<br />27514 (hereinafter called "Licensee").
<br />WITNESSETH
<br />WI-lEREAS, Licensee proposes to install, maintain, operate and remove an 8-inch
<br />ductile iron sanitary sewer pipe encased in a 16-inch steel pipe (hereinafter called the
<br />"Facilities") located in, under and across the right-of--way or property and any tracks of Railway,
<br />at Milepost J-5.55, Glenn-Canrboro Line, at or near Chapel Hill, Orange County, North
<br />Carolina, the same to be located in accordance with and limited to the installation shown on
<br />print of drawings marked Sheets 1 of 6, and 3 of 6 and a pipe data sheet, dated July 11, 2007,
<br />attached hereto and made a part hereof; and
<br />WHEREAS, Licensee desires a license to use such right-of--way or property of Railway
<br />for the installation, construction, maintenance, operation and removal of the Facilities.
<br />• NOW, THEREFORE, for and in consideration of the premises, the payment of a non-
<br />refundable, non-assignable one-time fee in the amount of TEN THOUSAND SEVEN
<br />HUNDRED AND 00/100 DOLLARS ($10,700.00) (hereinafter called the "Fee") to cover the
<br />Risk Financing Fee (as hereinafter defined) in the amount of $1,000, and none-time occupancy
<br />fee in the amount of $9,700, and the covenants hereinafter set forth, Railway hereby permits and
<br />grants to Licensee, insofar as Railway has the right to do so, without warranty and subject to all
<br />encumbrances, covenants and easements to which Railway's title may be subject, the right to use
<br />and occupy so much of Railway's right-of--way or property as may be necessary for the
<br />installation, construction, maintenance, operation and removal of the Facilities (saidright-of--way
<br />or property of Railway being hereinafter collectively called the "Premises"), upon the following
<br />terms and conditions:
<br />1. Use and Condition of the Premises. The Premises shall be used by Licensee only
<br />for the installation, construction, maintenance, operation and removal of the Facilities and for no
<br />other purpose without the prior written consent of Railway, which consent may be withheld by
<br />Railway in its sole discretion. Licensee accepts the Premises in their current "as is" condition, as
<br />suited for the installation and operation of the Facilities, and without the benefit of any
<br />improvements to be constructed by Railway.
<br />2. Installation of the Facilities; Railway SupQort. Licensee shall, at its expense,
<br />install, construct, maintain and operate the Facilities on a lien-free basis and in such a manner as
<br />will not interfere with the operations of Railway, or endanger persons or property of Railway.
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